Domestic Violence Amendment Rules 2011

2011/348

Coat of Arms of New Zealand

Domestic Violence Amendment Rules 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 3rd day of October 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 126 of the Domestic Violence Act 1995, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1  Title
  • These rules are the Domestic Violence Amendment Rules 2011.

2  Commencement
  • These rules come into force on 17 November 2011.

3  Principal rules amended
4  Notice of objection
  • Rule 83(2)(b) is amended by omitting 5 clear days and substituting 10 working days.

5  Form DV 16 of Schedule 1 amended
  • (1) Form DV 16 of Schedule 1 is amended by omitting the third paragraph under the heading Effect of temporary protection order under the heading Important information for respondent/associated respondent and substituting the following paragraph:

    (*If you do nothing after being served, this order will automatically become a final order 3 months after the date on which it was made. The final order will come into effect immediately. If you wish to dispute this temporary protection order, you must notify the court as soon as possible.).

    (2) The first paragraph under the heading Objection to direction to attend a programme in form DV 16 of Schedule 1 is amended by omitting 5 days and substituting 10 working days.

    (3) The second paragraph under the heading Objection to direction to attend a programme in form DV 16 of Schedule 1 is amended by omitting the 5 day and substituting the 10 working day.

    (4) Form DV 16 of Schedule 1 is amended by adding the following paragraphs under the heading Prohibition on contact with a protected person:

    If a child of the applicant's family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.

    If the applicant dies, this order continues to apply for the benefit of the other protected persons until it lapses or is discharged. In the case of a protected person who at the time of the applicant's death was a child of the applicant's family, the order continues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.

    (5) The third paragraph under the heading Effect of temporary protection order under the heading Important information for protected persons in form DV 16 of Schedule 1 is amended by inserting and will come into effect immediately after made.

6  Form DV 17 of Schedule 1 amended
  • Form DV 17 of Schedule 1 is amended by adding the following paragraphs under the heading Prohibition on contact with a protected person:

    If a child of the applicant's family attains the age of 17 and continues to ordinarily or periodically reside with the applicant, then that adult child continues to be a protected person under this order.

    If the applicant dies, this order continues to apply for the benefit of the other protected persons until it lapses or is discharged. In the case of a protected person who at the time of the applicant's death was a child of the applicant's family, the order continues to apply to that person until he or she attains the age of 17, unless it sooner lapses or is discharged.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 17 November 2011, amend the Domestic Violence Rules 1996 (the principal rules) consequentially on the commencement of sections 6, 9, and 12 of the Domestic Violence Amendment Act 2011.

The amendments amend form DV 16 (Temporary protection order) and form DV 17 (Protection order) of Schedule 1 of the principal rules to inform the parties that—

  • if a temporary protection order automatically becomes a final order after 3 months, the final order comes into effect immediately:

  • the respondent, and any associated respondent, has 10 working days after receiving the temporary protection order to notify the court that he or she objects to a direction to attend a programme:

  • an order continues to protect—

    • a child of the applicant's family who after attaining the age of 17 continues to ordinarily or periodically reside with the applicant; and

    • a protected person even if the applicant dies.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 6 October 2011.

These rules are administered by the Ministry of Justice.